For the immigrants who are planning to settle down in the United Kingdom permanently, receiving an Indefinite Leave to Remain status is your main goal. The Indefinite Leave to Remain (ILR) not only ensures permanent residence for foreign nationals in the United Kingdom but also exempts them from UK immigration laws.
The holder of the ILR status can reside and work in the United Kingdom indefinitely. This gives you the freedom to enter and exit the country whenever you want. The main benefit of ILR is that you can live in the UK without having to worry about visa renewals or having to leave. Additionally, obtaining ILR allows you to access UK’s benefits system and eliminates the need to pay the immigration health surcharge to utilise the NHS.
Who are eligible to apply for Indefinite Leave to Remain in the United Kingdom?
A person’s eligibility for Indefinite Leave to Remain is determined by the category or channel via which he or she applies. Most ILR pathways have a minimum residency requirement; for example, to apply for ILR based on a spousal visa, the applicant must have been in the United Kingdom for a minimum of 5 years on their spousal visa, in addition to completing the other conditions.
The immigrants listed below may be able to apply for ILR:
- Holders of a valid work visa under the old and new PBS systems.
- Those who are currently on a Dependent Visa or a Family Visa.
- Long-term UK residents, i.e. individuals who have lived in the nation for at least ten years.
What are the criteria for acquiring Indefinite Leave to Remain in the United Kingdom?
To be eligible for ILR, you must meet the following requirements:
- The applicant must have lawfully resided in the UK for at least 5 years or must have held their visa for 10 years.
- The candidate has to demonstrate their command of the English language by either having a recognised English language degree or obtaining a passing score on an authorised English language test. People belonging to English-speaking countries are exempted.
- The applicant must pass the ‘Life in the UK’ test.
- He/She must meet the continuous residency conditions.
- The individual is required to earn a minimum income (if applicable)
It’s crucial to remember that if you live outside the UK for more than two years, your ILR status may be cancelled.
How can I apply for Indefinite Leave to Remain in the United Kingdom?
ILR applications are submitted online, and you must select the appropriate application form based on the immigration category for which you are filing. All of the material in your application must be correct and relevant to your case. You must pay a fee to apply, and you will not be refunded if your application is denied. The following are some of the most common grounds for refusal:
- Incorrect or insufficient documentation
- Incorrect or incomplete application
- Failure to produce further documents or information within a reasonable timeframe if requested by UK Visas and Immigration.
What application should I submit for ILR?
The form you must use is determined on the basis of your application. Applicants are typically expected to apply online, with the following forms of online applications receiving the greatest attention:-
- Apply to Settle in the United Kingdom (including work-related categories) (also known as SET(O)).
- SET(LR) is a form used to apply for ILR based on long residence in the UK.
- SET(M) is a form used to apply to settle as a partner or parent of a settled person.
ILR Application required documentation
When filing for ILR, you will need to present the following documents in general (Note: This is not an exhaustive list and it could be different depending on different visa types).
- Your passport
- Proof of current authorization to stay (i.e., your visa)
- Evidence of any absences from the United Kingdom;
- For Skilled Workers, pay stubs from your company proving you satisfy the minimum income requirements;
- Proof that you have passed the Life in the UK test and meet the English language requirement.
Fees structure of ILR application
Indefinite leave to remain costs around £2389. Besides that, the applicant needs to pay £19.20 for the biometric enrolment which is required.
Where eligible, it cost an extra £800 for super-priority processing (24 hours) and £500 for priority processing (5 days).
How long does it take to process an application for Indefinite Leave to Remain?
For ILR applications, the normal service is up to 6 months. You can get priority of super-priority services as well, depending on availability.
Normally, only a small number of SET(LR) candidates are allowed to use the super-priority service on a daily basis. When you’re ready to submit and pay, the option for super-priority will be unavailable on your application form because the maximum number of customers has been reached.
What Are the Advantages of the ILR Visa?
Indefinite Leave to Remain allows you and your family to progress your status in the United Kingdom. Those who have ILR are able to live and work in the UK without the need for a visa. Before applying for ILR, keep in mind that if you stay outside the UK for more than two years after receiving ILR, you will most likely lose your ILR status.
What is the difference between Indefinite Leave to Remain (ILR) and British Citizenship?
Many people confuse Indefinite Leave to Remain (ILR) with British citizenship and believe they are the same thing. Although the terms and conditions of the two are very similar, there are a few crucial differences to be aware of.
Both Indefinite Leave to Remain (ILR) and British citizenship provide you with the right to stay and work in the United Kingdom indefinitely, but the collection of benefits that each confers is fundamentally different. ILR allows you to live and work in the United Kingdom for an indefinite period of time, but it does not grant you the same rights as a British citizen.
Reach out to us for assistance
Our highly knowledgeable immigration experts at A Y & J Solicitor can assist you and your family with this route’s application process. We have successfully guided many appreciative clients through the process. We are here to assist you throughout the process, from the initial consultation to the determination of your application for indefinite leave to remain. We are unique in that we provide the greatest level of service to our clients and their families.
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